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I have Joint custody of my daughter. The mother is Custodian. I have reasonable visitation in the decree.I have been wanting to get Full Custody for a time now. Things with the mother and her common law husband not going well. Common law was investigated by child services. Went to County Attorney she did not press charges, she sent letter reference his behavior. Child services did find him to have ''abused'' my daughter. daughters mom and Common law were just arrested and bonded for domestic against each other. My daughter was in school at time. I took this oppertunity to pick her up and am keeping her. Wanting to get at least temporary custody. Do I have to return her to mother until we get the orders? We are telling her she is ''Visiting'' ''reasonable visitation'' I am getting her to school, keeping her daily routines. The mothers, mother and common law husbands father both state their house is NOT fit for a child or humane. Disgusting living conditions.Animal fecies, holes in floor.etc. How can we go about using that to get temporary custody? can we? This is the third time Commonlaw has been arrested this year. Not for domestic, but driving infractions. They will be loosing house, can't pay bills etc. She is 7 years old.

Asked on 9/14/03, 1:33 pm

2 Answers from Attorneys

GET AN ATTORNEY WORKING FOR YOU NOW! This is not an area to economize. . .from your facts, sounds like your child is in dire need of a parent who can provide good care. . .get to court; unless your home is questionable, SRS should be working in your behalf.

You need to hire an attorney immediately. If the facts are as you state, the judge has the authority to grant you temporary custody if the child is in immediate danger or imenent threat of harm. This sounds like a case where such a circumstance exits. I agree with Ms. Selby, this needs to be done now instead of later.